Supreme Court allows 14-year-old rape survivor to undergo abortion at nearly 28th week of pregnancy

The Supreme Court on Monday allowed a 14-year-old rape survivor from Maharashtra to undergo an abortion at almost the 28th week of conception. The Mumbai Lokmanya Tilak Hospital’s dean was directed by the court to assemble a medical team. The state government agreed to cover all costs and necessary medical care.

During an extended Friday night session beyond the regular Supreme Court hours, the bench, which included Justice J B Pardiwala, instructed Mumbai’s Sion Hospital to promptly ascertain whether the girl’s or the foetus’s physical or mental health could be jeopardised by continuing the pregnancy and to provide a report by Monday, April 22.

The suggestion of a medical team, which stated the minor’s physical and mental health would be harmed by the pregnancy’s continuation, led to an order from the highest court.

Although the medical professionals had advised that there might be some danger involved with the pregnancy’s medical termination, the risk to her life was not greater than that of a full-term delivery.

Aishwarya Bhati, the Centre’s additional solicitor general, took the bench to use its exceptional powers under Article 142 on Monday to bring the case to a full conclusion. She did this by citing a medical assessment that indicated the minor’s well-being may be affected by the continuation of the pregnancy.

After accepting her plea, the court used its authority under Article 142 to order the minor’s pregnancy to be immediately terminated, mentioning the minor’s age and the alleged sexual assault. “Bearing in mind the exigency of the situation and well-being of the minor, we set aside the order of the Bombay High Court,” the bench declared, ordering a group of medical professionals at Mumbai’s Lokmanya Tilak Municipal Medical College and General Hospital in Sion to perform the pregnancy abortion.

The Supreme Court also gave instructions for a medical board of doctors at Sion Hospital to assess the minor’s health on Saturday, April 20, in light of the sexual assault she had experienced.

Abortions beyond 24 weeks are normally illegal under the Medical Termination of Pregnancy (MTP) Act, unless the woman’s life is in grave danger or there are significant fetal abnormalities.